How Appealing



Tuesday, September 5, 2023

“Missed Opportunities in Great Lakes“: John F. Coyle has this post at the “Transnational Litigation Blog.”

Therein he concludes, “The end result of these missed opportunities is that the U.S. Supreme Court is being asked to evaluate the enforceability of a choice-of-law clause with respect to claims to which it does not apply by its terms.”

Posted at 11:11 PM by Howard Bashman



“Alabama will appeal rejection of congressional map to U.S. Supreme Court”: Mike Cason of Alabama Media Group has this report.

Emily Cochrane of The New York Times reports that “Federal Court Again Strikes Down Alabama’s Congressional Map; Republicans failed to comply with a court order to create a second majority Black district or something ‘close to it,’ the judicial panel said.”

Jess Bravin of The Wall Street Journal reports that “Federal Court Throws Out Alabama’s Revised Congressional District Map; Legislature’s redrawn map flouts Supreme Court ruling, judges say.”

John Fritze of USA Today reports that “Federal court strikes down Alabama congressional maps in showdown over Black voting power.”

Zach Montellaro of Politico reports that “Court tosses Alabama congressional map after GOP refuses to draw second Black district; An independent court-appointed expert will now draw Alabama’s congressional map for the 2024 election.”

And Ryan Tarinelli of Roll Call reports that “Federal court names special master to redraw Alabama congressional map; Court sees ‘no reason’ to give the state another chance to draw the maps.”

Posted at 10:15 PM by Howard Bashman



“Justice Alito Accused of Misconduct, Escalating Supreme Court Ethics Fight; Rhode Island lawmaker cites Alito comments on legislation; Says justice improperly spoke on issue that could reach court”: Laura Litvan of Bloomberg News has this report.

Lawrence Hurley of NBC News reports that “Sen. Sheldon Whitehouse files ethics complaint over Justice Samuel Alito interview; The Rhode Island Democrat asked Chief Justice John Roberts to investigate Alito’s comments in a Wall Street Journal interview.”

Zach Schonfeld of The Hill reports that “Senate Democrat asks Roberts to investigate Alito.”

Chris Marquette of Roll Call reports that “Whitehouse makes ethics complaint against Alito to Roberts; Whitehouse says Alito may be opining on an issue that could come before high court.”

Sara Boboltz of HuffPost reports that “Sen. Whitehouse Calls For Ethics Probe Into Supreme Court Justice Alito; The Democratic senator slammed Alito for comments he made in a Wall Street Journal opinion piece earlier this year casting doubt on Congress’s authority.”

And in commentary, Wednesday’s edition of The Wall Street Journal will contain an editorial titled “New Supreme Court Scandal: ‘Improper Opining’; Sheldon Whitehouse sees a conspiracy in a Journal interview with Justice Samuel Alito.”

Posted at 10:00 PM by Howard Bashman



“Coming to a Supreme Court near you: Executive privilege on trial; Can a sitting president strip a former president of executive privilege?” Peter Navarro has this essay online at The Washington Times.

Posted at 9:32 PM by Howard Bashman



“The Supreme Court Justices Are Just Like Anyone Else; Professionals like to believe themselves immune to the influence of gifts, but no one is”: Professor Adriane Fugh-Berman has this essay online at The Atlantic.

Posted at 9:25 PM by Howard Bashman



“The Supreme Court’s next target: Big government; The high court will embark on a new term in October with an eye on the administrative state.” Kelsey Reichmann of Courthouse News Service has this report.

Posted at 9:21 PM by Howard Bashman



“Supreme Court asked if police dog’s paws violated Constitution during traffic stop”: John Fritze of USA Today has this report.

Posted at 8:55 PM by Howard Bashman



“How to Treat the Supreme Court’s Camera Phobia: SCOTUS justices allow just 50 people to watch them work, rather than the hundreds of millions of citizens that could see proceedings on livestreams and television.” Shan Wu has this essay online at The Daily Beast.

Posted at 8:50 PM by Howard Bashman



“Arguments in Tenn., Ky. bans on minors’ trans care hinge on key appeals court judge; The Sixth Circuit is expected to rule by the end of the month, and Chief Judge Jeff Sutton’s vote is likely key; Also: Georgia’s similar ban is back in effect for now.” Chris Geidner has this post at his Substack site.

Posted at 8:36 PM by Howard Bashman



“Panel Presses Court to Dismiss Judge Pauline Newman’s Lawsuit Over Fitness Probe; ‘While no one questions Judge Newman’s many contributions to the law, her legal claims here are jurisdictionally deficient and meritless,’ the motion to dismiss states”: Avalon Zoppo of The National Law Journal has this report. You can view the motion to dismiss at this link.

Posted at 8:30 PM by Howard Bashman



“A monumental abortion question for FL Supreme Court: How did voters in 1980 define ‘privacy’?; On the verge of overruling a 34-year precedent, justices will hear oral arguments Friday in challenge to abortion ban.” Michael Moline of Florida Phoenix has this report.

Posted at 8:22 PM by Howard Bashman